RAJ GARIHA VISHRAM SADAN Vs. VIJAY KATE

JUDGEMENT

(1.) This appeal is directed against two orders of a learned Single Judge. By the first impugned order dated 1.8.2005, the learned Single Judge disposed of an application under S. 17-B of the Industrial Disputes Act 1947 ("ID Act") being CM No 8620 of 2004 filed by the respondent workman in Writ Petition (C) No. 2768 of 2004 filed by the appellant. The appellant was directed to pay to the respondent workman, from the date of the Award i.e., 1.3.2002 "at the highest of the two rates between the last drawn wages and the minimum wages notified by the authorities from time to time." This was made subject to the respondent workman

(2.) By the second impugned order dated 27.9.2005 the learned Single Judge disposed of an application being CM No 10653 of 2005 filed by the appellant and modified the earlier order dated 1.8.2005 only to the extent that the appellant was directed to make payment of the wages at the higher of the two rates between the last drawn and the minimum wages with effect from April, 2003 till 1st August, 2005. The appellant was also entitled to adjust the amount of Rs.4,940/- paid to the respondent workman in purported compliance of the order made on 1.8.2005.

(3.) The brief facts leading to the filing of this appeal are that the respondent workman was appointed by the appellant as Security Guard on 24.5.1988 and his last drawn salary was Rs.380/- per month which was much lower than the statutory minimum wages payable. Aggrieved by the termination of his services on 20.4.1990, the respondent workman raised an industrial dispute which was registered as I.D. No. 233 of 1991 before the Labour Court. By an Award dated 1.3.2002, the Labour Court held that the termination of the services of the respondent workman was illegal and directed his reinstatement with continuity in service and 50% back wages.